EXECUTIVE ORDER D-22-01


WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of California; and

WHEREAS, there is a high probability that the electricity supply shortage will continue to cause rolling blackouts throughout California affecting millions of Californians; and

WHEREAS, all reasonable conservation, allocation, and service restriction measures will not alleviate this energy supply emergency; and

WHEREAS, this energy supply emergency poses a threat to public health, safety, and welfare and requires that all existing powerplants increase their generation output and that existing powerplants that are not currently operating, but have the capability to operate, be brought back on-line;

NOW, THEREFORE, I, GRAY DAVIS
, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the California Energy Resources Conservation and Development Commission (hereinafter "Energy Commission") provide that all existing powerplants that increase their generation output above existing authorized levels by less than 50 megawatts using existing installed capacity, between June 1, 2001, and October 1, 2001, shall not be subject to the Energy Commission's jurisdiction for such actions during that period.

IT IS FURTHER ORDERED that the Energy Commission shall expedite to the extent feasible the processing of applications for certification for existing thermal powerplants that require retooling and a current license to operate. In order to bring such thermal powerplants online as soon as possible, the Energy Commission is authorized to reduce the time in which to conduct a reasonable review of the application, consistent with the objectives of environmental protection and the protection of public health and safety.

IT IS FURTHER ORDERED that all local, regional, and state agencies involved in the licensing of proposed thermal powerplants in California shall work cooperatively and expeditiously with the Energy Commission and within its timeline to review all such Applications for Certification. All agencies shall diligently review such proposed license applications and provide timely comments to the Energy Commission as the Energy Commission requests.

IT IS FURTHER ORDERED that the State Water Resources Control Board (SWRCB) shall take all necessary and immediate action to ensure that powerplants in the State of California are not precluded from operating as a result of thermal limits in waste discharge requirements. The SWRCB shall take all necessary and immediate action to determine whether modification of such requirements is appropriate and, if so, to ensure timely modification to assure facility operation.

IT IS FURTHER ORDERED that the Energy Commission and SWRCB may contract for the services of necessary qualified personnel to perform these functions. Each is authorized to enter into such contracts as expeditiously as possible and for this purpose shall be exempt from the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, to the extent that they would prevent, hinder, or delay the prompt mitigation of the effects of this emergency.

IT IS FURTHER ORDERED that the State Department of Water Resources shall contract, at reasonable rates, for power from powerplants using renewable and other resources that may currently have no other market for their power.

IT IS FURTHER ORDERED that this order shall expire on December 31, 2001 unless extended by further executive order responding to the continued need for emergency action to deal with the electricity emergency or unless terminated by proclamation of the Governor or concurrent resolution of the Legislature that the state of emergency has ended.

The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code Sections 8550 et seq.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.